Capitol Confidentialhttp://blog.timesunion.com/capitol
A behind-the-scenes look at New York politics.Sun, 02 Aug 2015 22:46:05 +0000en-UShourly1http://wordpress.org/?v=4.2.2Read: The Fast Food Wage Board’s final report awaits your perusalhttp://blog.timesunion.com/capitol/archives/239313/read-the-fast-food-wage-boards-final-report-awaits-your-perusal/
http://blog.timesunion.com/capitol/archives/239313/read-the-fast-food-wage-boards-final-report-awaits-your-perusal/#commentsSun, 02 Aug 2015 22:46:05 +0000http://blog.timesunion.com/capitol/?p=239313Employees at fast and fast-casual food chains such as Burger King, Starbucks and California Pizza Kitchen will get a raise if the state Fast Food Wage Board’s recommendations are accepted.

But employees at chain establishments that blur the definition of a fast food joint aren’t poised to get a raise.

The wage board, which is recommending a $15 minimum wage for fast food workers statewide in 2021, released its final report — which you can read in full below — on the fast food wage Friday. In the report, the board lists 137 chains that fit its definition of fast food establishments subject to raises for its employees.

Obvious examples are McDonald’s, Taco Bell and Starbucks. Other sit-down restaurants, including Pizza Hut, Panera Bread and Johnny Rocket’s, also made what amounts to a working list of chains included in the appendix of the report.

But chain establishments such as Price Chopper or Hannaford — grocery stores that have what are essentially fast food counters and seating areas — are not on that list. Including them would have presented an interesting legal question to answer: Can you require a company to pay two different types of employees working for the same employer under the same roof different minimum wages?

In crafting its definition of what is and isn’t a fast food restaurant, the board relied in part on the North American Industry Classification System for Limited-Service Eating places and Limited-Services Restaurants, according to the report.

“The fast food industry in New York State reports between 164,000 and 200,000 workers in some 15,000 to 20,000 establishments throughout the state, depending on how the industry is defined and the underlying data sources,” the report states. “Fast food establishments include what the industry commonly refers to as quick-service restaurants and fast casual restaurants and may include snack and non-alcoholic beverage bars, serving such items as hamburgers, pizza, soda, french fries, juice, ice cream, coffee, sandwiches and donuts.”

The release of the board’s report came a little more than a week after it made its recommendations public. The timetable set up for the phased-in increase to $15 per hour (three years for New York City; six years elsewhere in the state) was met with a mixed reaction.

As Gannett reported last week, the board met on Monday to approve its report, but it didn’t immediately release it.

The next step for the increase is acting state Labor Commissioner Mario Musolino must accept, reject or modify the board’s recommendations. After that, the phase-in is cleared to begin.

It’s expected that few changes, if any, would be made by Musolino.

Read the final report below. You have until Aug. 15 to file objections to the recommendations.

]]>http://blog.timesunion.com/capitol/archives/239313/read-the-fast-food-wage-boards-final-report-awaits-your-perusal/feed/0The Weekend That Washttp://blog.timesunion.com/capitol/archives/239315/the-weekend-that-was-183/
http://blog.timesunion.com/capitol/archives/239315/the-weekend-that-was-183/#commentsSun, 02 Aug 2015 20:42:07 +0000http://www.nystateofpolitics.com/?p=157215When Beau Biden realized that he would not survive brain cancer, he sat down with his father, Vice President Joe Biden, and urged him to wage another campaign for the White House, according to a New York Times column by Maureen Dowd.

The vice president and his associates have begun to actively explore a possible presidential campaign, which would upend the Democratic field and deliver a direct threat to Hillary Clinton, several people who have spoken to Biden or his closest advisers say.

In advance of Thursday’s GOP presidential debate, the candidates are all preparing to deal with the top attention getter – and poll leader – Donald Trump.

Trump threatened to run as an independent candidate if the Republicans don’t treat him “fairly.”

Trump has fired a campaign adviser, Sam Nunberg, after racially-charged Facebook posts under his name emerged last week.

Bill and Hillary Clinton paid an effective federal tax rate of nearly 36 percent last year on their multi-million dollar income and other assets, according to tax returns released Friday.

The State Department inspector general has determined that Huma Abedin, the close confidant of Hillary Clinton, must return more than $9,000 for alleged overpayments made to her during her time working for the department when Clinton was secretary of state.

NYRA announced it will increase the purse for the Travers Stakes on Aug. 29 from $1.25 million to $1.6 million if American Pharoah starts the race known as the “Midsummer Derby.” If he doesn’t come, the purse will remain $1.25 million.

US Sen. Chuck Schumer is urging stricter federal oversight of stretch limousines that have been altered “in the name of opulence.” This follows the July 18 limo crash that killed four young Smithtown women leaving Vineyard 48 in Cutchogue on the North Fork of Long Island.

A New York City health official says it is likely that doctors will diagnose more cases of Legionnaires’ disease in the Bronx in the coming days, amid an outbreak that has killed four and sickened dozens.

After losing Monroe County in November, Gov. Andrew Cuomo and his administration are clearly paying more attention to the Rochester area.

Four people have now died from Legionnaires disease in what is the largest outbreak in the city in at least three years, and some are concerned officials are not adequately prepared to deal with the airborne illness.

Verizon Communications Inc. missed its midnight deadline this weekend to secure a deal with more than 37,000 union employees, but the unions said employees will keep working without a contract while talks continue.

Ground was broken Saturday on the $45 million National Commedy Center – a multifaceted project that features the renovation of two buildings and the construction of a new one.

Nassau County will offer another round of early retirement incentives to members of its largest labor union as it seeks to cut labor costs. The deal would offer full-time Civil Service Employees Association members a lump-sum payment of $1,000 for every year of service with the county.

During his 2013 NYC mayoral campaign, Bill de Blasio vowed to require developers who benefit from future city zoning changes to include large numbers of affordable apartments in their projects. Nineteen months later, he has unveiled a plan to make that happen.

Albany County is suddenly set to become an epicenter of New York’s budding medical marijuana industry, landing three of the 20 dispensaries that will be able to distribute the drug. Onondaga County also landed three, while NYC’s five boroughs got just four.

New York City slashed the total amount of fines to small businesses by more than half in fiscal 2015, focusing on warnings instead and addressing a long-standing complaint that it had taken a too-strict approach in the enforcement of consumer laws.

Casey Seiler questions the appropriateness of former JCOPE Executive Director Letizia Tagliafierro, whose old job required her to investigate the executive branch, taking a new job with the executive branch as head of the investigations unit of the state Department of Taxation and Finance.

Read more...]]>http://blog.timesunion.com/capitol/archives/239315/the-weekend-that-was-183/feed/0Health insurance rates are approvedhttp://blog.timesunion.com/capitol/archives/239305/health-insurance-rates-are-approved/
http://blog.timesunion.com/capitol/archives/239305/health-insurance-rates-are-approved/#commentsFri, 31 Jul 2015 21:54:11 +0000http://blog.timesunion.com/capitol/?p=239305Rates for next year’s health insurers will likely rise between 2 percent to as much as 16 percent, depending on the plan. That’s based on the allowed increases the state Department of Financial Services released on Friday.

As they have done previously, DFS approves increases below what the companies initially ask for.

Here are some details:

Premiums for individuals remain nearly 50 percent lower than prior to the establishment of the State’s health benefit exchange in 2014 – even before adjusting for inflation or federal financial assistance that is available to many consumers purchasing insurance. Overall, DFS cut insurers’ requested 2016 rates by more than 30 percent in the individual and small group markets, which will save policyholders more than $430 million. Additionally, a new Essential Plan, available only through the NY State of Health, will lower premiums to $20 or less and provide better benefits for hundreds of thousands of lower income New Yorkers.

Anthony J. Albanese, Acting Superintendent of Financial Services, said: “We closely analyzed each insurer’s request and cut rates that were excessive or unreasonable. The influx of new consumers into the health insurance market in recent years means that rates for individuals will continue to be nearly 50 percent lower than before the creation of New York’s health exchange. However, underlying increases in medical costs continue to be the primary factor contributing to the cost of insurance. We are working closely with the NYS Department of Health on reforms to the health care payment and delivery system, including efforts to shift away from the costly ‘fee-for-service’ model. It is vital that we continue to attack the underlying factors driving up health insurance premiums in order to bring better care to patients at lower costs.”

“NY State of Health provides many options for consumers, and it pays to shop around on that marketplace,” said Donna Frescatore, Executive Director of NY State of Health. “Consumers will find a wide variety of affordable, high-quality insurance plans on the State’s health marketplace.”

Individual Market

On average, insurers requested a 10.4 percent rate increase in the individual market. DFS reduced the average increase more than 30 percent, to 7.1 percent, which is below the average increase in health care costs of approximately 8 percent. Around one-half of the rate increase is due to reductions in a federal reinsurance program.

New Yorkers with incomes up to 400 percent of the federal poverty level ($47,080 for individuals and $97,000 for a family of four) are eligible to receive financial assistance to reduce premiums through the NY State of Health.

Starting on January 1, 2016, New York will add a new Essential Plan to the plans that can be purchased by lower income New Yorkers through NY State of Health. Households at or below 150 percent of the federal poverty level ($17,655 for a household of one; $36,375 for a household of four) will have no monthly premium for the Essential Plan. Those with slightly higher incomes at 200 percent of the federal poverty level ($23,540 for a household of one; $48,500 for a household of four) will have a low monthly premium of $20 for each adult.

The Essential Plan will provide the same covered services as other plans offered on the Marketplace. The Essential Plan has no annual deductible and lower copayments, making health care even more affordable for hundreds of thousands of New Yorkers. For example, a person who earns about $20,000 a year and uses moderate health care services including an inpatient hospital stay, prescription drugs and doctor’s visits, will pay about $730 a year for premiums and out-of-pocket costs under the Essential Plan in 2016 as compared to about $1,830 in 2015 if they were enrolled in a Qualified Health Plan.

Small Group Market

On average, insurers requested a rate increase of 14.4 percent in the small group market. DFS cut the requested rates by 32 percent, to 9.8 percent. A number of small businesses will also be eligible for tax credits that would lower those premium costs even further.

The following chart summarizes the requested and approved rates, including the companies selling policies through the NY State of Health.

2016 Individual Market Rate Actions – Overall Summary

The top number indicates the requested increased followed by what was actually allowed. The reduction is reduction fromt he requested hike.

Requested

Approved

Reduction

Company

Affinity*

6.63%

6.63%

0.00%

CDPHP HMO*

5.69%

2.52%

-3.17%

Emblem HIP*

13.20%

10.51%

-2.69%

Empire HMO*

14.50%

13.20%

-1.30%

Excellus*

12.80%

5.72%

-7.08%

Fidelis*

4.66%

4.66%

0.00%

Health Republic*

14.36%

14.03%

-0.33%

HealthFirst*

12.89%

9.60%

-3.29%

HealthNow*

6.68%

-1.32%

-8.00%

Independent IHBC*

-10.36%

-10.36%

0.00%

Metro Plus*

-7.00%

-7.00%

0.00%

MVP Health Plan*

13.48%

10.24%

-3.24%

North Shore LIJ*

4.93%

4.43%

-0.50%

Oscar*

4.54%

4.54%

0.00%

Oxford OHP

5.32%

-12.25%

-17.57%

United*

22.00%

1.65%

-20.35%

Wellcare*

4.71%

-3.30%

-8.01%

All Companies Combined

10.40%

7.09%

-3.31%

*Companies that offer policies through the NY State of Health in 2015.

2016 Small Group Rate Actions – Overall Summary

Requested

Approved

Reduction

Company

Aetna Life

23.87%

21.47%

-2.40%

CDPHP HMO*

-19.84%

-19.84%

0.00%

CDPHP UBI*

16.56%

16.56%

0.00%

Emblem HIP*

29.74%

29.74%

0.00%

Empire Assurance

8.70%

3.40%

-5.30%

Empire HMO

9.21%

4.37%

-4.84%

Excellus*

13.90%

10.00%

-3.90%

Health Republic*

20.00%

20.00%

0.00%

HealthNow*

8.06%

0.66%

-7.40%

Independent IHA*

-15.60%

-15.60%

0.00%

Independent IHBC

-6.19%

-6.19%

0.00%

Managed Health

5.60%

3.94%

-1.66%

Metro Plus*

-0.81%

-0.81%

0.00%

MVP Health Plan*

7.28%

6.36%

-0.92%

MVP Services*

16.71%

15.90%

-0.81%

North Shore LIJ*

3.27%

3.27%

0.00%

Oxford OHI

13.61%

6.75%

-6.86%

Oxford OHP

10.58%

3.90%

-6.68%

United UHIC

18.79%

11.61%

-7.18%

All Companies Combined

14.41%

9.80%

-4.61%

]]>http://blog.timesunion.com/capitol/archives/239305/health-insurance-rates-are-approved/feed/9More than 100 chains face NY fast-food pay bumphttp://blog.timesunion.com/capitol/archives/239307/more-than-100-chains-face-ny-fast-food-pay-bump/
http://blog.timesunion.com/capitol/archives/239307/more-than-100-chains-face-ny-fast-food-pay-bump/#commentsFri, 31 Jul 2015 20:09:23 +0000http://polhudson.lohudblogs.com/?p=61489More than 100 chain restaurants and snack shops could be affected by a proposed pay bump for fast-food workers, according to a report Friday from a state board. The state Fast Food Wage Board publicly released its final report and recommendations Friday afternoon, four days after the three-member panel — led by Buffalo Mayor Byron [...]

]]>More than 100 chain restaurants and snack shops could be affected by a proposed pay bump for fast-food workers, according to a report Friday from a state board.

(Photo by Carlos Ortiz/Democrat and Chronicle)

The state Fast Food Wage Board publicly released its final report and recommendations Friday afternoon, four days after the three-member panel — led by Buffalo Mayor Byron Brown — approved the report at a public meeting.

The 23-page report lays out the board’s rationale for recommending a 70 percent wage bump for fast-food employees, from the state’s current minimum wage of $8.75 an hour to $15 an hour by Dec. 31, 2018, in New York City and July 1, 2021, in the rest of the state.

Also included in the report is a list of 137 national chains that may be affected by the pay hike, including a number of restaurants not traditionally thought of as fast food.

Among those are Starbucks, the major national chain of beverage shops. Also included are Buffalo Wild Wings, pizza chains like Dominos and Pizza Hut, and snack outlets like Auntie Anne’s and Ben & Jerry’s.

Industry giants, such as McDonald’s, Burger King and Wendy’s, are all included.

The list of chains, which is tacked on as an appendix to the report, is not official, the report notes. Chains that are on the list may not qualify, while some that aren’t may be added, according to the document.

The board recommended the wage hike apply to chains with more than 30 outlets nationwide whose “primary purpose” is serving food or drink items and where patrons pay before eating.

“The list is provided to inform the public and others by illustrating the range and scope of establishments that the Wage Board reasonably anticipated may satisfy the proposed theshold of 30 establishments nationwide, based on data submitted to the Wage Board,” the report states.

The release of the report Friday started a 15-day clock to submit public comments to the state Department of Labor, whose acting commissioner, Mario Musolino, will have final say over whether the wage bump will go into effect. Objections to the report can be submitted to wageboard@labor.ny.gov or NYS Dept. of Labor Wage Board Objections, Building 12 Room 586, State Office Campus, Albany, NY 12240.

Read more...]]>http://blog.timesunion.com/capitol/archives/239304/castros-cuban-flag-flies-over-peoples-republic-of-brooklyn/feed/0NY health insurance rates to rise 7.1% in 2016http://blog.timesunion.com/capitol/archives/239308/ny-health-insurance-rates-to-rise-7-1-in-2016/
http://blog.timesunion.com/capitol/archives/239308/ny-health-insurance-rates-to-rise-7-1-in-2016/#commentsFri, 31 Jul 2015 19:28:55 +0000http://polhudson.lohudblogs.com/?p=61485Health insurance rates in New York will increase on average 7.1 percent next year for individuals after state regulators beat back even higher rates sought by private insurers. In June, insurers sought a 13.5 percent average increase next year, citing the higher costs of services and years of cutbacks by state regulators. Small-group insurers will [...]

Health insurance rates in New York will increase on average 7.1 percent next year for individuals after state regulators beat back even higher rates sought by private insurers.

In June, insurers sought a 13.5 percent average increase next year, citing the higher costs of services and years of cutbacks by state regulators. Small-group insurers will see an average increase of 9.8 percent in health-rates after insurers sought 14 percent increase.

The state Department of Financial Services, which determines the rates, said today it has agreed to the 7.1 percent increase for health plans starting Jan. 1, a rate which is slightly below the national increase of 8 percent.

The state said a small part of the increase is due to a decline in federal reimbursements through the Affordable Care Act. The cut to the 18 insurers’ requests will save policyholders about $430 million next year, the state said.

“We closely analyzed each insurer’s request and cut rates that were excessive or unreasonable,”
Anthony Albanese, acting superintendent of financial services, said in a statement.

The Rochester-based Excellus Health Plan proposed a 12.8 percent increase, but received a 5.7 percent increase; MVP Health Plan, based in Schenectady, sought a 13.5 percent increase, but is getting a 10 percent increase.

Albanese said the state’s health exchange through the Affordable Care Act, called NY State of Health, will continue to have rates that are nearly 50 percent lower than before the exchange started two years ago.

“NY State of Health provides many options for consumers, and it pays to shop around on that marketplace,” said Donna Frescatore, the program’s executive director, said in a statement.

Some business groups have blamed the Affordable Care Act for higher health-insurance costs.

New Yorkers with incomes up to 400 percent of the federal poverty level ($47,080 for individuals and $97,000 for a family of four) are eligible for the state’s health exchange.

The next enrollment period, which starts Nov. 15, will include a new program, called the Essential Plan, for the low-income households.

Read more...]]>http://blog.timesunion.com/capitol/archives/239308/ny-health-insurance-rates-to-rise-7-1-in-2016/feed/0This week on ‘NYN': Nastiness in the Hudsonhttp://blog.timesunion.com/capitol/archives/239277/this-week-on-nyn-nastiness-in-the-hudson/
http://blog.timesunion.com/capitol/archives/239277/this-week-on-nyn-nastiness-in-the-hudson/#commentsFri, 31 Jul 2015 19:00:27 +0000http://blog.timesunion.com/capitol/?p=239277Don’t miss this week’s episode of “New York Now,” the award-winning coproduction of WMHT and the Times Union. Highlights include:

WMHT’s Matt Ryan surveys the week’s headlines, including Gov. Andrew Cuomo’s visit to two labor conclaves on the shores of Lake George.

]]>http://blog.timesunion.com/capitol/archives/239277/this-week-on-nyn-nastiness-in-the-hudson/feed/1Here’s the scoring of the medical marijuana applicantshttp://blog.timesunion.com/capitol/archives/239309/heres-the-scoring-of-the-medical-marijuana-applicants/
http://blog.timesunion.com/capitol/archives/239309/heres-the-scoring-of-the-medical-marijuana-applicants/#commentsFri, 31 Jul 2015 16:44:31 +0000http://polhudson.lohudblogs.com/?p=61482The state Department of Health issued scores that ranged from 97 to 45 for the 43 medical-marijuana applicants that sought one of five licenses to grow and dispense the drug. The highest on a scale of 1 to 100 was PharmaCann LLC, which would be based in Orange County for growing and have dispensaries in [...]

The state Department of Health issued scores that ranged from 97 to 45 for the 43 medical-marijuana applicants that sought one of five licenses to grow and dispense the drug.

The highest on a scale of 1 to 100 was PharmaCann LLC, which would be based in Orange County for growing and have dispensaries in Erie, Onondaga, Albany and Bronx counties.

All five winners had scores that exceeded 90, while several others narrowly missed.

Ross John Enterprises, which proposed a facility in western New York, received the lowest score of 43.

The health department said it weighed a number of criteria in making the selections.

“As part of the selection process, DOH sought to ensure that proposed dispensaries are located throughout the state in order to meet the needs of all certified patients,” the health department said in a statement. “Additionally, DOH will carefully monitor patient demand to ensure all New Yorkers who meet the requirements of the Compassionate Care Act have access to the program.

Each organization will be permitted to produce up to five types of medical marijuana products in forms approved by the state health commissioner, such as liquids and oils for vaporization and capsules. The state law approved last year barred smokeable forms of medical marijuana.

The state expects medical marijuana to be available to patients by January.

“We set a very aggressive timeline which was met by the agency,” Sen. Diane Savino, D-Staten Island, who sponsored the legislation. “This illustrates New York state’s dedication to serving all patients, delivering quality care and establishing business modes to achieve these goals. Congratulations to the companies which will serve patients across the state. And to those who did not make the cut, stick around—New York is a very big state.”

Read more...]]>http://blog.timesunion.com/capitol/archives/239302/brooklyn-democratic-machine-eyeing-freshman-assemblywoman-to-replace-sampson/feed/0NY announces winners of medical marijuana licenseshttp://blog.timesunion.com/capitol/archives/239310/ny-announces-winners-of-medical-marijuana-licenses/
http://blog.timesunion.com/capitol/archives/239310/ny-announces-winners-of-medical-marijuana-licenses/#commentsFri, 31 Jul 2015 16:04:24 +0000http://polhudson.lohudblogs.com/?p=61477Five organizations were picked today to be manufacture and dispense medical marijuana — including a manufacturing facility in Rochester and two dispensaries in Westchester County. The announcement comes as the state plans to make medical marijuana available for severely ill people, particularly children, by January. “Today’s announcement represents a major milestone in the implementation of [...]

Five organizations were picked today to be manufacture and dispense medical marijuana — including a manufacturing facility in Rochester and two dispensaries in Westchester County.

The announcement comes as the state plans to make medical marijuana available for severely ill people, particularly children, by January.

“Today’s announcement represents a major milestone in the implementation of New York State’s Medical Marijuana Program and keeps us on track to have the program up and running within 18 months of passage of the Compassionate Care Act,” health commissioner Dr. Howard Zucker said in a statement.

Each of the five winners can have one manufacturing facility and four dispensaries. There were 43 applicants.

The winners include Bloomfield Industries Inc. — which will manufacture the marijuana in Queens and have dispensaries in Nassau, Manhattan, Onondaga and Erie counties.

Columbia Care NY LLC — which will manufacture at the Eastman Business Park in Rochester, pledging 250 jobs in Rochester and the surrounding region. The company plans dispensaries in Monroe County, as well as Manhattan and Suffolk and Clinton counties.

Empire State Health Solutions plans to operate in Fulton County outside the Albany area, with dispensaries in Broome, Albany and Westchester counties, as well as Queens.

Etain, LLC won a license to manufacture in Warren County in the North Country and have dispensaries in Albany, Ulster, Westchester and Onondaga counties

PharmaCann LLC, would operate in Orange County with dispensaries in Erie, Onondaga, Albany and the Bronx counties.